Thread: Mbna Refusal To Refund Ppi On Credit Card

Please Could Anyone Let Me Know If I Am Wasting My Time Trying To Pursue MBNA.

I Have Received A Letter From The Saying They Will Not Refund The Payment Protection Cover Applied To My Account From 2001 To 2007. They Say The Letter Is Their Final Response And I Contact The F.o.s. If I Want To. They Attached My Application Form On Which I Had Ticked The Box Selecting It. They Also Say It Was My Responsibility To Ensure The Policy Met My Requirements And I Have Had Many Opportunities To Discuss The Details Of The Policy. Does This Mean I Have No Chance.

When I Applied For This Card I Didn't Have Understanding Of PPI, I Though I Best Tick The Box Incase I Ever Got Made redundant. I Now Know That The Payment Protection Was Optional And Had No Real Understanding Of What I Was Signing Up For. Does This Mean I Have No Chance Of A Refund Now Because I Was So Careless And Financially Ignorant.

I Cancelled The Ppi On This Card In June 07 After Someone Telling Me Ppi Was Optional. I Had No Idea When I Cancelled It That It Was Possible To Claim Back Ppi. I Have Only Found This Out Recently Due To The Consumer Forum.

Can Anyone Give Me Any Advice Please.

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Originally Posted by hellhasnofury

Hello Bobby,

Welcome to the forum,

MBNA Mmmmh Maybe more ways to skin a cat:grin:
Interesting, you mention that they have supplied you with a application form,

Being a bit strong minded and like to put up a good fight, I would immediately sent them a request under section 77/78 of the consumer credit act to get a true copy of my credit agreement. and I bet you 50p they don't have it and then you can truely open up a lovely can of worms

Creditors and DCAs - Letter Templates & Budget Planner you need letter N, it costs £1 and there are statutory timescales for compliance

In my experience with MBNA they can only provide (if they can) your pre-contractual application with no prescribed terms.

Thank you so much. I will send this letter out today. Once I get a reply MBNA could I please ask your advice again? Also how do I click your scales?

Thank you Hellhasnofury.

Still can't see clicky thing in left hand corner.

Any advice please, I sent a letter to MBNA on 17.3.08 containing the following paragraphs (as per hellhasnofury advice re letter N - Thank you.):

With reference to the above agreements, I would be grateful if you would send me a true copy of these credit agreements.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreements on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreements should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I have not had a reply from MBNA yet though they did cash my cheque on 3.4.08. Any advice on what to do next would be much appreciated.

hi bobby06,
if like mine they will send a copy of an application form and their terms and conditions and they will say they have complied with the legislation, which they havn,t and they will mess you about for months.

Hello Oggy1

Thank You For Your Reply. Have You Had A Result With MBNA Yet. I Am Going To Wait A Little Longer For A Reply, But I'm Unsure What To Do Next, Any Advice?

hi bobby06 ,
yes you will need to allow them more time and they wiil take it.

use the templates as hell has indicated work out all the charges and interest and start the ball rolling to reclaim your money.

i will be suprised if your agreement turns up as they dont seem to bother about consumer law.

my case is in court wed 16th APRIL 2008.

Please could I have some advice on my next step with MBNA.

I have today received from MBNA original credit card application form and agreement and terms and conditions. How do I know if this is a true copy of my credit agreement?

Do you think the court route is now the best bet with this.

If so, is there information on this site that will help me to step-by-step with the court application form and advice.

Good luck Oggy1 with your court case please let me know the outcome. Any advice from yourself would also be appreciated.

Hello Hellhasnofury,

I am not the greatest on the computer. Do you mean scan the documents and download by using the insert image icon?

Looking at the application form I applied for this card on the 28.11.01 it was a Thomas Cook MBNA credit card then but has sice changed to just MBNA. Looking at the document titled 'Credit Card Agreement Regulated by the Consumer Credit Act 1974' (This must be the 'Terms & Conditions' under Key Information it reads :

If you break this agreement, you must pay the following default charges.
£12.00 each time that your payment has not reached your account in cleared funds by the date your payment is due
£12.00 each time a cheque, direct debit, a credit-card cheque or other item for payment is unpaid
£12.00 each time the account balance goes over your credit limit .....

Is this what you mean?

I have just looked at the last 6 years statements they have sent to me and the current terms and conditions on the 6 Mar 08 and the 'terms and conditions are exactly the same as what they have just sent me! Also looking at the transactions on the infomation they sent me, I was charged late payment fees of £20.00 in 2002, unpaid direct fees of £20.00, Returned unpaid direct fee of £35.35, in 2004 £25.00 for late fees and Over Limit Fees £25.00. In 2007 my late fees were £12.00.

I have paid around £250.00 in fees I will send them a letter requesting these also. I have only been concerned with PPI I have paid a few hundred quid.

So looking at these documents they cannot be 'True Copies' as the default charges do match what I have been charged!

What shall I do no? Your advice is very much appreciated. Sorry this has been a bit long winded.

Originally Posted by BOBBY06

Hello Hellhasnofury,

I am not the greatest on the computer. Do you mean scan the documents and download by using the insert image icon?

Looking at the application form I applied for this card on the 28.11.01 it was a Thomas Cook MBNA credit card then but has sice changed to just MBNA. Looking at the document titled 'Credit Card Agreement Regulated by the Consumer Credit Act 1974' (This must be the 'Terms & Conditions' under Key Information it reads :

If you break this agreement, you must pay the following default charges.
£12.00 each time that your payment has not reached your account in cleared funds by the date your payment is due
£12.00 each time a cheque, direct debit, a credit-card cheque or other item for payment is unpaid
£12.00 each time the account balance goes over your credit limit .....

Is this what you mean?

I have just looked at the last 6 years statements they have sent to me and the current terms and conditions on the 6 Mar 08 and the 'terms and conditions are exactly the same as what they have just sent me! Also looking at the transactions on the infomation they sent me, I was charged late payment fees of £20.00 in 2002, unpaid direct fees of £20.00, Returned unpaid direct fee of £35.35, in 2004 £25.00 for late fees and Over Limit Fees £25.00. In 2007 my late fees were £12.00.

I have paid around £250.00 in fees I will send them a letter requesting these also. I have only been concerned with PPI I have paid a few hundred quid.

So looking at these documents they cannot be 'True Copies' as the default charges do match what I have been charged!

What shall I do no? Your advice is very much appreciated. Sorry this has been a bit long winded.

Hi

I am having a lot of bother with MBNA an dwould like to know more about the out come of your request for true agreement s78 cca 1974.

Were terms and conditions correct? and why you said

So looking at these documents they cannot be 'True Copies' as the default charges do match what I have been charged!

Thanks
Tam

Sounds like they have sent you current T&C's;
'Key Information' was not shown on 2001 MBNA documents;
the 2001 MBNA default charge was £18.

Also the following wording was used by MBNA in relation to PPI/PPC;
"it is strongly recommended that you take out this cover"

AC